American Samoa Administrative Code

The value of stores property acquired and disposed of shall be recorded in a general ledger control account for stores where the volume of work or other factors necessitate the establishment of a stores account. Unless otherwise directed by the head of each bureau or office, acqu…

The general ledger control account for stores shall be supported by detailed card records to adequately identify the units of property, the costs of which are charged to the stores account, provide a permanent record of the acquisition and disposition of all stores items, and pro…

Property record cards and stock cards (see appendices 7, 10 and 14) or a modification thereof, shall be used for the purpose of carrying out the provisions of 12.0344 and 12.0345. History: Rule 3-78, eff 17 Apr 78, 300 GASM § 8.3.

The total value of stores recorded on the stock card records shall be compared with the balance shown in the general ledger control accounts for stores at least once each year. Any differences disclosed as a result of this comparison shall be reconciled and adjusted in accordance…

To ensure that property will not be issued indiscriminately, the official having administrative jurisdiction of the property should designate in writing an essential number of employees to whom materials and supplies may be issued and/or to whom responsibility for equipment may b…

All issues of property shall be adequately documented and -a receipt obtained at the time the property is removed from the storehouse or other storage area. (a) Transfer of property, GAS form MT/MGT 20 (see Appendix 4) or a modification thereof may be used for the purpose of docu…

(a) Contracts for the sale of government property are entered into by virtue of the provisions of this chapter and as may be specifically and expressly provided by law. (b) Property offered for sale will be brought to the attention of the buying public by direct mail, posting in …

Every effort will be made to obtain maximum free publicity for sales from local newspapers, radio and television stations. Postal authorities will be contacted and requested to display posters and sale offerings on post office bulletin boards. History: Rule 3-78, eff 17 Apr 78, 3…

(a) Invitation for bids, announcements and public notices, offering property for sale, will contain a full and complete description of the property, its location, condition and life span, and method of sale, whether by sealed bids, negotiation, or auction or spot bid. (b) Descrip…

(a) The official designated as the bid opening officer shall decide when the time set for bid opening has arrived and shall so declare to those present. All bids received prior to the time set for opening shall then be publicly opened and, when practicable, read aloud to the pers…

(a) Examination of bids by interested persons shall be permitted during business hours if it does not unduly interfere with the conduct of government business. (b) Before making an award, the sales contract officer (the deputy division of property or his designee) shall carefully…

(a) Bids may be rejected by the sales contract officer when bid prices offered are below the current market appraisals and the prices offered are not considered reasonable, and/or when it appears that there was a collusive attempt by bidders to hold down prices. (b) For each item…

Bid deposits and proceeds from sales shall, if not otherwise provided by law, be deposited in the Central Warehouse Fund, and authorized refunds, such as cash bid deposits and any overpayments, will be remitted therefrom. History: Rule 3-78, eff Apr 78, 300 GASM § 10.7.

(a) The sales contract and notice of award shall be issued as promptly as possible after review and shall specify the final date or dates for payment and removal of the property. (b) In the event a purchaser fails to remove all property awarded within the specified removal period…

(a) When a purchaser fails to pay for or remove property or otherwise performed as required by the terms and conditions of sale he is considered to be in default; the consequences of this failure to properly perform his obligation under the contract may result in contract termina…

(a) At the hour, day, and location previously announced, the sale contracting officer will open the proceedings with an announcement concerning the conduct of the sale. A11 items will be offered item by item, in sequence, as they appear in the invitation and/or the public notice.…

The rules codified in this chapter shall be known and cited as “American Samoa Procurement Rules.” History: Rule 5-84, eff 11 Jul 84, (part).

The rules in this chapter are promulgated pursuant to the authority granted under Section 12.0214 ASCA. History: Rule 5-84, eff 11 Jul 84, (part).

The purpose of this chapter is to prescribe uniform rules necessary to fully implement Chapter 12.02 ASCA. History: Rule 5-84, eff 11 Jul 84, (part).

As used in this chapter, the words in this section shall have the following meanings unless the context otherwise requires: (a) “Chief procurement officer” means the head of the central procurement office of the government. (b) “Construction” means the process of building, alteri…

This chapter requires all parties involved in the negotiation, execution, performance, or administration of government contracts to act in good faith. History: Rule 5-84, eff 11 Jul 84, (part).

(a) Except as otherwise specified by law this chapter applies to every expenditure of pubic funds including federal assistance monies and enterprise funds under any contract. This chapter also applies to the disposal of territorial goods. (b) This chapter does not apply to either…

Except as otherwise provided by law or executive order, all rights, powers, duties and authority relating to the procurement of construction, goods, and services, and the management, control, warehousing, sale and disposal of construction, goods and services, now vested in, or ex…

(a) Location. The chief procurement officer shall head the office of procurement in the department of Administrative Services. The office of procurement shall consist of a contract branch, a property management branch, and a policy and review branch. (b) Appointment and qualifica…

(a) Delegation of authority. The chief procurement officer may delegate authority to execute and administer contracts to a procure officer who is responsible for administering procurement on behalf of an agency or governmental body under the provisions of this chapter. The chief …

Under procedures adopted by the chief procurement officer, and except when a special evaluation or selection group is appointed by competent authority the CIP (Capital Improvement Project) and Procurement Review Committee, shall review and approve the procurement of all construct…

(a) The Attorney General, or such officer as the Attorney General may designate, shall serve as legal counsel and provide legal services to the chief procurement officer. (b) The Attorney General shall approve all government contracts exceeding $10,000 as to legal sufficiency pri…

The chief procurement officer shall develop, issue and maintain procedures governing the preparation and initiation of requisitions for the purchase of construction, goods, and services by the government. History: Rule 5-84, eff 11 Jul 84, (part).

The Director of Program Planning and Budget Development shall certify as to the availability of funding for all requisitions involving the expenditure of public funds, irrespective of source, within 48 hours after receipt of the requisition. (a) It shall be the policy of the gove…

As used in this article, the following definitions shall apply: (a) “Bidding time” means the time between the issuance of a solicitation and the opening of bids or the due date for proposal. (b) “Cost-reimbursed for contract” means a contract under which a contractor is reimburse…

(a) It is the policy of the government to conduct all purchases and procurement actions in a manner that provides maximum open and free competition. (b) Unless otherwise authorized by law, all government contracts shall be executed by competitive sealed bidding, in accordance wit…

An invitation for bids or request for proposals may be cancelled, and any or all bids or proposals may be rejected, when such action is determined writing by the chief procurement officer to be in the best interest of the government based on: (a) Inadequate or ambiguous specifica…

(a) Responsibility of bidders and offerors. Awards shall be made only to responsible contractors. (1) Responsibility factors. To be determined responsible, a prospective contract must; (a) Have adequate financial resources to perform the contract or the ability to obtain them; (b…

(a) Use of a cost-plus-a-percentage-of-cost and percentage of construction cost method of contacting are prohibited. (b) Normally, a firm-fixed-priced contact shall be used unless use of a cost reimbursement contract is justified under subsection (c) below. (c) A cost reimburseme…

As used in this article, the following definition shall apply: (a) “Specification” means any description of the physical or functional characteristics, or of the nature of a supply, service, or construction item. It may include a description of any requirement for inspecting, tes…

(a) The chief procurement officer shall be responsible for monitoring the use of specifications for construction, goods, and services to be procured. (b) The chief procurement officer may delegate this responsibility in writing to an official who has been delegated authority to e…

All specifications shall be written to promote overall economy for the purposes intended, encourage maximum competition in satisfying the government’s minimum needs, and shall not be unduly restrictive of competition. History: Rule 5-84, eff 11 Jul 84, (part).

(a) Specifications shall not be written so as to specify a particular product, or a particular feature of a product, or a particular feature of a product peculiar to one manufacturer unless that particular product or feature is essential to the government’s requirements and produ…

(a) “Brand name or equal” description shall be used only when it is determined that it is impracticable or uneconomical to make a clear, accurate, and detailed description of the government’s requirements without referring to a particular product. (b) “Brand name or equal” descri…

The requirements of this article shall apply to all specifications prepared by architects and engineers for public contracts. History: Rule 5-84, eff 11 Jul 84, (part).

(a) Request for Proposals. (1) Deposit. The chief procurement officer, or other official designated authority to execute and administer construction contracts, shall determine the amount of deposit required for potential bidders to obtain the Request for Proposals. (2) Contents. …

(a) Applicability. Architect-engineer services shall be procured as provided in this section except as authorize by subsection 10.0231 (d) (2) (noncompetitive negotiation) or subsection 10.0231(f) (emergency procurement). (b) Policy. It is the policy to publicly announce all requ…

The chief procurement officer may promulgate additional contract provisions as are required for construction or architect-engineer contracts. History: Rule 5-84, eff 11 Jul 84, (part).

The following clauses shall be included in all contracts as prescribed: (a) For contracts in excess of $10,000, “Termination for Convenience” (Appendix A). (b) For contracts in excess of $10,000, “Equal Opportunity” (Appendix C). (c) For contracts in excess of $2,500 which involv…

The chief procurement officer may promulgate additional contract provisions as are required for contracts for goods and services. The chief procurement officer may require bid bonds and performance and payment bonds on contracts other than construction contracts upon a written de…

It shall be the policy of the government to use its procurement rules to promote local business investment, activity, and competitiveness with other non-local business by decreasing cash outflow and assisting to overcome the limitation of size, isolation from the mainstream of co…

As used in this article, the following definitions apply: (a) “Local bidder” for procurement of goods and services means an individual, sole proprietorship, partnership, joint venture, corporation, other unincorporated association, or private legal entity which: (1) Has a valid A…